Remarks: The Ministry of Justice provides a Database with Legislation in Romanian and in Russian. http://lex.justice.md/ The Labour Code of the Republic of Moldova has been amended in 2006 and 2011 by several Laws. The original version in Romanian is provided as amended.
SOURCES
Name of Act
Labour Code of the Republic of Moldova, N 154-XV from 28.03.2003, as amended up to 2011
Remarks: Provisions of the present code are applied to: a) Employees- citizens of the Republic of Moldova, working on the basis of the individual labour contract in the Republic of Moldova, including the ones who have concluded a contract of continuous vocational training or a contract on professional qualification; b) Employees - foreign citizens or persons without the citizenship of Moldova, working for the employer on the basis of the individual labour contract, the employer, carrying out activity in the Republic of Moldova; c) Employees - citizens of the Republic of Moldova, working in diplomatic representatives abroad; d) Employers - physical or juridical persons from the public sector, private or the mixed sector, using wage labour; e) Workers of public bodies, religious associations, trade unions, patronages, foundations, parties and other non-commercial organizations, using wage labour. Art.3
Name of Act
Law No. 847-XV of 14.01. 2002 on Wages as amended to 2010
Collective Agreement No.9 of 28.01.2010 on the Minimum Guaranteed Salary in the Real Sector (National Level), published by Decision of the Government on 05/02/2010 in the Official Gazette No.18-19 Art. No.93. Conventie colectiva Nr. 9 din 28.01.2010 (nivel national). Cuantumul minim garantat al salariului în sectorul real.
Agreement Protocol No.760 of 22.06.2012 on amendment of Collective Agreement for agriculture, manufacturing, included food and related industries (branch level) in the period 2011-2014, published on Official Gazette No.126-129. Art.:760
"Employee" shall mean any physical person who performs a job, corresponding to a certain speciality, qualification or position, and receiving wages on the basis of the individual labour contract.
Labour Code Art.1
Employer
"Employer" shall mean any juridical person (enterprise) or physical person, employing workers on the basis of an individual labour contract, concluded in accordance with the regulations of the present Code.
Labour Code Art.1
Wage
"Wages" shall mean any compensation or earnings in terms of money, paid to the employee by the employer on the basis of the individual labour contract, for the executed or subject to performance work.
Labour Code Art.128(1)
Minimum wage
The minimum wage is the minimum size of a payment in national currency, size established by the state for simple, unqualified work, below the level of which, the employer has no right to pay for the monthly or hour norm of work.
Labour Code Art.131(2) Law on Wages Art.2
MINIMUM WAGE FIXING
Procedure
Procedure in general
The minimum monthly wage and minimum hourly wage (Guaranteed Minimum Wage), estimated proceeding from the monthly norm of working hours (169 full working hours per month) is established by the decision of the Government after consulting the employers and trade unions.
Once the Guaranteed Minimum Wage is adjusted, this rate provides the basis for negotiation and establishment of wide collective agreements on the minimum level of payment on concrete proffesional groups and qualifying categories of workers (tariffs of remuneration).
Labour Code Art.132(1),136 Collective Agreement No.9 of 2010 Art.1 Law on the Setting and Review of the Minimum Wage Art.3(1)
Criteria
Cost of living
In order to increase the amount of the minimum wage, the dynamics of the parameter on consumer prices on goods and services shall be taken into account.
Labour Code Art.133
Level of wages and incomes in the country
When reconsidering and determining the amount of the minimum wage, the level of average wages on the national economy shall be taken into account.
Labour Code Art.132(2)
Economic development
When reconsidering and determining the amount of the minimum wage, the concrete economic conditions of the nation shall be taken into account.
Labour Code Art.132(2)
Productivity
In order to review the minimum wage rate, the productivity of the country shall be taken into account.
Law on the Setting and Review of the Minimum Wage Art.3(4)
Inflation rate
When reconsidering and determining the amount of the minimum wage, the predicted rate of inflation shall be taken into account.
Labour Code Art.132(2)
Other provisions
When reconsidering and determining the amount of the minimum wage, the concrete economic conditions, level of average wages on the national economy, the predicted rate of inflation, and other social and economic factors shall be taken into account.
Labour Code Art.132(2)
Coverage
Scope
As provided by the Labour Code, every employee is entitled to enjoy the guaranteed minimum wage, which is the minimum size of a payment established by the State for simple, unqualified work, below the level of which, the employer has no right to pay for the performance of monthly or hourly work.
In addition the State provides tariffs of remuneration, which are the wage rates and the official salaries that determine the minimum level of payment on concrete professional groups and qualifying categories for the performance by employees of their labour responsibilities within the limits of the working hours, established by the legislation.
Labour Code Art.131(1)(2), 134
Excluded categories
No category of workers may be excluded from the scope of the minimum wage, so every employee is entitled to enjoy at least the rate provided for in the guaranteed minimum wage.
Labour Code Art.131
Specific minimum wage rates
The State provides the State tariffs of remuneration which serves as the minimal limit at establishing the tariff rates for specific professional groups and qualifying categories, without prejudice of more advantageous tariffs set forth in collective agreements (Tariff system of remuneration).
Labour Code Art.134,136 Law on Wages Art.3(2)
» Specific minimum wage by sector
On 22 June 2012, the Agreement Protocol No.760 was published. This Agreement provides the tariffs-wage rates for the I qualifying category (lowest category of qualified worker) for the period 2011-2014, for the agriculture sector, manufacturing sector and other related industries: - Agriculture: 1,350.00 Leu per month. - Manufacturing, including food: 1,550.00 Leu per month. - Mining and Quarrying: 1,900.00 Leu per month. - Construction: 1,850.00 Leu per month. - Transport: 1,550.00 Leu per month. - Other: 1,600.00 Leu per month.
These rates are calculated for a full working month of 169 hours on average, and shall be gradually implemented, depending on financial possibilities, no later than September 1, 2012.
Agreement Protocol No.760
» Minimum wage levels for specific categories of workers
» Piece-rate workers
Piece-work payment tariffs are established proceeding from the categories of work, wage rates (official salaries) and current output rates (norms of time).
Piece-work payment tariff is established by dividing the hour (day) wage rate, corresponding to the category of performed work, to the hour (day) performance standard. The piece-work payment tariff can be established also by multiplying the hour (day) wage rate, corresponding to the category of performed work, by the established norm of time on hours or days.
Labour Code Art.170
Level
Minimum wage level(s) in national currency
The guaranteed minimum wage for the real sector (workers in companies, organizations and institutions with financial autonomy, regardless of its ownership and legal form) was last fixed in 6.51 Leu per hour and 1,100.00 Leu per month (aprox. €71.6 per month), calculated for a full working month of 169 hours.
Collective Agreement No.9 of 2010 Art.1
Last minimum wage update
The guaranteed minimum wage for the real sector (workers in companies, organizations and institutions with financial autonomy, regardless of its ownership and legal form) was last updated on February 1, 2010.
Collective Agreement No.9 of 2010
In-kind allowances
Payment of wages in-kind is forbidden. In no case the minimum wage may include bonuses, increases, stimulating and compensation payments.
Labour Code Art.131(3), 141(3)
Rate of payment
» Hourly
The legislation provides the minimum wage calculated per month and per hour.
Labour Code Art.132 Collective Agreement No.9 of 2010 Art.1
» Monthly
The legislation provides the minimum wage calculated per month and per hour.
Labour Code Art.132 Collective Agreement No.9 of 2010 Art.1
Specific provisions
The entities shall be allowed to gradually implement the amount provided in the adjustment of the guaranteed minimum wage, depending on financial possibilities, but no later than May 1, 2010.
Collective Agreement No.9 of 2010 Art.1.2
Enforcement mechanisms
Labour inspection
The Labour Inspection shall enforce the Labour Law and other regulations on working conditions and protection of employees in the performance of their duties. For this purpose, the Labour Inspectorate may, among other measures, carry out inspections in the establishment of the employer at any time during the day or the night and requesting any information or documentation relevant for the inspection.
Law on Labour Inspection Art.3, 8
Results generated on: 23rd April 2024 at 16:42:54.
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